Defending Medical Malpractice Claims

18th March 2011
By Jorjina in Medical Malpractice
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If you are in a high-risk profession, like that of a doctor or nurse, you may have to face malpractice and liability claims. How do you handle such cases? What do you do to avoid paying hefty sums as damages? Well, the first thing to do is get in touch with your insurance company and a good medical malpractice attorney.

You may need to pay thousands of dollars to settle a malpractice claim. Most often, the plaintiff’s legal counsel may also come after your assets when the liability exceeds your insurance coverage. It also leaves a record on your career. Therefore, it is imperative for you to find an attorney who could formulate a proper defense for you.

How can a legal practitioner help? For starters, he/she has in-depth knowledge of the Tennessee laws that affect your case. This knowledge and expertise helps him/her to come up with the defense that may work for this particular case. Here is a quick look at the defense strategies your attorney could use to get you out of this legal hassle.

If you have proper documentation with the signed consent of the patient regarding the risks of a certain treatment, your attorney may use this for defense. An informed consent on the part of the patient makes you less liable.

If your attorney can establish that there was no provider-patient relationship existent between the plaintiff and the defendant, it is also a good strategy. However, this would require adequate proof.

In a malpractice suit, the burden of proof is on the plaintiff. If there is any doubt regarding the causation between negligence and injury, competent Johnson City medical malpractice attorneys may question the proof presented by the plaintiff’s legal counsel.

If your attorney were capable of establishing that you adhered to the ‘standard of care’, i.e. the care any other physician with similar qualifications and experience would provide to the patient under similar conditions that might work as a good defense.

Presenting expert witnesses to establish that the injury would occur irrespective of your treatment and care is also another probable defense. However, presenting expert witnesses requires planning and expenses too.

Consulting competent attorneys for handling the defense of a medical malpractice claim is essential for you to avoid any adverse impact. Consider a legal professional equally adept at handling negotiation and trial. Many a times, offering to settle before the case reaches the trial stage works best at avoiding problems later.

Please visit lawyer guide for more information.

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